A Family’s Guide to the Child Welfare System
Adapted for
Cases in Oregon Juvenile Courts
Prepared by
The Juvenile Law Resource Center
A Program of Youth, Rights & Justice, Attorneys at Law
In collaboration with
The Parent Mentors of Parents Anonymous ®
A Program of Morrison Child Family Services
Updated July 2012 by Kelsey Meredith, Law Clerk
SUMMARY OF CONTENTS
Introduction…………………………………………………………………………………………………….2
Part 1
What You Need to Know First……………………………………………………………..4
- Urgent Information for Parents of Children Who Were Just Removed……………5
- Your Rights as a Parent in a Dependency Case in Juvenile Court………………..6
- My Case Record………………………………………………………………………...8
- Tracking Your Court Dates……………………………………………………………..9
Part 2
Working With Your Lawyer: The First Part of Your Case…………………………….12
Section1: Child Welfare Cases in Juvenile Court………………………….………..14
Section 2: The Beginning of a Case…………………………………………………..17
Section 3: The First Hearing……………………………………………………………19
Section 4: Where Children Live During a Case………………………………………21
Section 5: Working With Your Lawyer………………………………………………...23
Part 3
Working With Your Lawyer: The Next Part of Your Case……………………………26
Section 6: The Next Court Hearing……………………………………………………28
Section 7: Trials on Jurisdiction………………………………...…………………..…30
Section 8: Service Plans………………………………………………………………..31
Section 9: Review Hearings……………………………………………………………33
Section 10: Parenting Your Child in Your Home……………………………………...35
Section 11: Resources………………………….………………………………………..37
Section 12: Definitions………………………….………………………………………..38
1
Summary of Contents
July 2012
Tips for Using
A Family’s Guide
✓You don’t have to read
this guide from cover to
cover. You might find some
sections more useful than
others.
✓You can use the table of
contents to find the
questions that are most
important to you. Words in
bold are defined in the
back of this guide.
✓If you find this Guide is
too difficult to read and
understand, ask someone
to help. This could be your
lawyer, a friend, a family
member, or someone else
you trust.
✓If English is not your first
language, you can ask for
someone to help interpret
or translate this information
for you.
INTRODUCTION AND ACKNOWLEDGEMENTS
You are part of a juvenile dependency case because the Oregon child welfare system
(the Department of Human Services – DHS) has brought the case involving your child(ren)
to the juvenile court. It is important that you understand the juvenile court process and your
rights. This guide will answer some of your questions. You should discuss your questions with
your lawyer. This guide is meant to inform you, not give you legal advice.
A Family’s Guide was written to help you better understand how the child welfare and
juvenile court systems work, to inform you of your rights and responsibilities, and to help
answer questions you may have. Reading it can help you become involved and feel
empowered. We hope it helps you reach a positive solution for your family.
This Guide covers Oregon law. It was written in May of 2010 and updated in July 2012; it
does not include changes in the law made later. You can find links to the laws covering your
case in Section 11. This guide is designed for lawyers to give to their clients at their first
meeting. If your child is all or part Native American, then special laws may apply to your case
that are not covered in this Guide.
The Juvenile Law Resource Center of Youth, Rights & Justice publishes this Guide for
Oregon families. It is an adaptation of A Family’s Guide to the Child Welfare System, a
national publication put together by families involved in the child welfare system and a
collaborative effort among the National Technical Assistance Center for Children’s Mental
Health at Georgetown University Center for Child and Human Development, the Technical
Assistance Partnership for Child and Family Mental Health at American Institutes for
Research, the Federation of Families for Children’s Mental Health, the Child Welfare League
of America, and the National Indian Child Welfare Association. Permission to adapt the
national guide for use by Oregon families was granted by Kevin W. Enright, Program
Manager, National Technical Assistance Center for Children's Mental Health at Georgetown
University Center for Child and Human Development.
Special thanks to Dover Norris-York for her work in preparing this Guide, and to the parent
mentors, who shared with us their stories giving a voice to their experience being a parent in a
dependency case in juvenile court.
3
Part 1
What You Need to Know
First
4
Urgent Information for Parents of Children Who Were Just Removed
Get a lawyer.


If the court decides you cannot afford a lawyer, then it will provide one for you free of charge. If there is no lawyer for
you in court, you can ask to postpone the hearing until you have a lawyer there to represent your interests. You may
be required to pay an application fee and, if you make enough income, you may be required to pay some amount of
your lawyer’s fee.
If the court decides you can afford a lawyer, ask for a list of lawyers who handle these cases and ask the court to
postpone the hearing until you can hire a lawyer.
Limit what you say to the court or anyone who is not your lawyer.



Anything you say to anyone (except your lawyer) in court or out of court can be used against you in both the juvenile
court case AND any ongoing or new criminal cases.
If CPS found you did something that is a crime, then the state might bring criminal charges against you.
Even if you do not have criminal charges, what you say to caseworkers and treatment providers may affect your case.
Do not sign any papers without talking to your lawyer.
Challenge the reasons DHS gives for removing your children.



At the first hearing, the shelter hearing, DHS will tell the court why it removed your children and why they need to stay
out of your care.
Explain why the problems DHS found do not really exist.
If DHS found problems that do exist, explain how you can protect your children so that they can live with you without
being harmed.
If the court does not return your children, then say who you want your children to live with temporarily.



If you have friends or relatives who can care for your children, have them come to the hearing, if possible.
Have the phone numbers and addresses of friends or relatives who can care for your children.
Explain why your children should be placed together in the home where they are sent to live.
If the court does not return your children, then ask for visits.



Visiting your children as much as possible is very important; ask the court for the most visits possible.
Be on time for all visits
Go to Part 2, Section 3 for more information about the shelter hearing.
5
Urgent Information for Parents of Children Who Were Just Removed
Your Rights as a Parent in a Dependency Case in Juvenile Court
Your lawyer wants you to know that you have important rights in this case. Here are some of your rights. Talk about them with
your lawyer.
1.
You have the right to adequate legal representation by a competent lawyer in your juvenile court case because of the
complexity and serious nature of these cases. The judge will decide if you qualify for a lawyer to work with you at no cost
to you. If you do not have a lawyer at court, ask the judge for a lawyer.
2.
You have the right to know what problems led DHS to remove your child from your home. The problems are called
allegations and are written down in a petition that must be given to you.
3.
Your lawyer should be given all papers that DHS makes in your case, and you should ask your lawyer to show you the
papers and give you a copy if you want one.
4.
You have the right to a hearing within 24 hours (not including days the court is closed) of removal of your child to decide if
your child can be safely returned to you.
5.
You have the right to a trial on the allegations in the petition.
6.
You have the right to have a fair judge make decisions in your case. Judges must follow state and federal laws to make
decisions based only on the information they hear and read in your case (evidence); and they do not work for DHS, the
District Attorney, or the Attorney General.
7.
You have the right to spend time with your child in visits after the shelter hearing, unless the judge decides that, even
with supervision, you are too much of a danger to your child.
8.
You have the right to services to reunite your family, including the right to apply for any services that DHS child welfare
provides. You also have the right to refuse services that have not been ordered by a court.
9.
You have the right to be treated fairly and courteously by DHS staff and to non-discriminatory treatment regardless of your
race, color, religion, national origin, sex, sexual orientation, age, citizenship, political affiliation, language, marital status, or
disability.
6
Your Rights as a Parent
10.
You have the right to have information presented to you in a language or format you can understand, including documents
in your language, braille, or oral presentation, with an interpreter if needed.
11.
You have the right to testify in court, which means you can tell the judge your side of the story while everybody
respectfully listens. If you do testify, you will be asked questions by the other lawyers in the case, who may try to show
that you are not telling the whole truth about what happened.
12.
You have the right to bring people to court who can testify about what happened.
13.
You have the right to appeal many court decisions by asking your lawyer to file a notice of appeal within 30 days of the
decision you want to have reviewed by the Oregon Court of Appeals. Your lawyer must file the notice within 30 days.
7
MY CASE RECORD
My lawyer is:
Phone #:
My child’s lawyer is:
My child’s other parent’s lawyer is:
The Court Appointed Special Advocate (CASA) for my child is:
Phone No.:
The Judge or Referee is:
DHS Contacts
The Child Protective Services (CPS) Worker is:
Phone #:
The Department of Human Services (DHS) Case Worker is:
Phone #:
The DHS Case Worker’s supervisor is:
Phone #:
The next three pages are for you to write down the day, time and place of each hearing as you get that
information. At each hearing, the next hearing is set on the court’s calendar, and you should add each to your own
calendar and this Guide.
Throughout the Guide you will find brief stories called “voices.” The voices in the Guide are all those of real
people, mostly Oregon parents, who have shared part of their own story and whose job is to support parents in
dependency cases through the Parent Mentor program. Information about that program and others that can help you
are listed in Section 11 of this Guide.
8
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
9
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
10
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
Next Court Date:
Place:
Things to do before my next court date:
Time:
Address:
Things to bring to my next hearing:
11
Part 2
Working with Your Lawyer:
The First Part of Your Case
PART 2: TABLE OF CONTENTS
child?
………20
What can I do at this hearing to help
my child?
………20
Section 1: Child Welfare Cases in
Juvenile Court
………14
What is the role of DHS in abuse and
neglect cases?
………14
What is abuse?
………14
What is neglect?
………14
What is the role of the Juvenile Court in
DHS cases?
………14
What do lawyers do?
………15
What is my lawyer’s job?
………15
Who works for the interests of my child? 15
Who are court appointed special advocates
(CASAs) and what do they do?
………15
Who are the parties to the case? ………16
What is a Citizen Review Board (CRB)?...16
Section 4: Where Children Live
During a Case
………21
Who will my child live with?
………21
Will my child be sent far away to live? …21
What if my child has special needs? ……21
Can I have a say in where my child lives? 21
Will my children live together?
………22
Who makes decisions about my children
when they live in foster care?
………22
Section 5: Working with Your
Lawyer
………23
When will I meet my lawyer?
………23
What will my lawyer want to know? ………23
Is what I tell my lawyer private?
………23
If I leave a message for my lawyer,
when will I hear back?
………24
What will my lawyer do at the beginning
of the case?
………24
What does the lawyer do with the plan
we made?
………24
Will DHS use my plan?
………………24
Do I need to file an answer?
25
What if I think the DHS findings are
wrong?
………25
How will the case be different if I
challenge jurisdiction
………25
Section 2: The Beginning of a Case……17
Will there be a court hearing if my child is
removed from my home during a DHS
investigation?
………17
Does the fact that I had a hearing in court
mean CPS found my child’s safety was in
danger?
………17
Section 3: The First Hearing
………19
Who will be at the hearing?
………19
Will I have a lawyer at the hearing?………19
What happens at the shelter hearing?……19
What does “protective capacity” and
“protective action” mean?
………20
Can the judge order DHS to return my
Table of Contents
13
Section 1: Child Welfare Cases in Juvenile Court
The child welfare system in Oregon is made up of programs run by the Oregon Department of Human Services (DHS).
Child Protective Services (CPS), Family-Based Services, and Foster Care are three programs in the Children, Adults and Families
Division of DHS. The child welfare cases that DHS brings to the juvenile court are called juvenile dependency cases.
What is the role of DHS in abuse and neglect cases?
The DHS is responsible for:
• responding to reports from people in the community who think that children are being abused or neglected
• helping families solve the problems that cause abuse or neglect
• helping children to be safe and secure
• working with families so children removed from home can safely return
• ensuring that children receive adequate care while they are away from their families
• finding another suitable permanent home for children who cannot return home
What is abuse?
Abuse can include any physical harm to a child that is not accidental. It also includes any sexual behavior with a child.
What is neglect?
Neglect can include failing to give a child enough food, clothing, or safe shelter to keep them safe from harm. Parental issues
with drug or alcohol abuse often lead to charges of neglect. Another example of neglect is when children are harmed by domestic
violence between the parents or other adults. Neglect may also be charged when parents fail to adequately stop or protect their child
from sexual abuse that they should know is happening.
What is the role of the Juvenile Court in DHS cases?
When DHS believes a child is being neglected or abused, it begins a legal case with the juvenile court by giving the court a
petition stating the information DHS has about the family’s situation and why the child’s safety is in danger. This happens every time a
child is removed from home and sometimes happens while the child stays at home. It is the job of the juvenile court to protect the
rights of the family by deciding whether the information from DHS is enough to allow the child to be temporarily placed in foster care.
After the investigation, there is a trial or a hearing at which the juvenile court determines whether DHS should continue to be involved
Child Welfare Cases in Juvenile Court
14
with the family and whether the child’s placement in foster care should continue. Even when the child is returned home, the juvenile
court can continue the involvement of DHS and the court in the family’s life.
What do lawyers do?
A lawyer advises a client about the law and speaks for the client at court and in other
meetings. Lawyers have to go to law school and be licensed by the state in order to work as a lawyer. You can hire a lawyer to
represent you in your juvenile court case. If you do not have enough money to hire a lawyer, ask the judge to appoint one for you at
no cost. There may be a lawyer already assigned to work with you and another lawyer representing your child. Each case should have
a lawyer for the child and for each parent.
In most counties, lawyers from the Oregon Attorney General’s office represent DHS. In some cases, the District Attorney is
involved early in the case to represent the State’s interests, and may work together with the DHS case worker.
What is my lawyer’s job?
See Section 5 on working with your lawyer. Your lawyer must give you legal advice and take action to help you with your case.
The final decisions on what positions you take in the case are always your decisions, but you should listen carefully to your lawyer’s
advice before you make up your mind. In working toward your goals, your lawyer uses his or her expertise to decide what strategies to
use during your case. Your lawyer works for you and only you—not the juvenile court or DHS. Your lawyer’s only concerns are your
rights and interests.
Who works for the interests of my child?
Usually, someone will be appointed to represent your child’s legal interests. This is usually a separate lawyer for your child. If
your child has not been appointed a lawyer, you may want to talk to your lawyer about asking the court to appoint one. In some cases,
your child may also be appointed a court appointed special advocate (CASA). A CASA may be involved even if a lawyer is
appointed for your child. The child’s lawyer will follow the child’s wishes, or determine the child’s best interests. Usually, only children
ages 7 and older are old enough to have a say in what they want. If your child is younger, the lawyer will independently decide your
child’s best interests and work to advocate for those interests. If you have more than one child involved in a case, they may all be
represented by one lawyer, or there may be more than one lawyer for children in the case.
Who are court appointed special advocates (CASAs) and what do they do?
The CASA program trains community volunteers to speak up in court for what they believe to be in the best interest of children
who have been abused or neglected. The CASA is charged with telling the judge what he or she believes is in the best interests of
your child. The CASA will want to talk with you about the case – make sure that you have discussed this with your lawyer first.
Who are the parties to the case?
Child Welfare Cases in Juvenile Court
15
The parties are the people who have a right to participate in the case – the children, all of their parents, the State of Oregon
represented by DHS and sometimes a lawyer from the District Attorney’s or Attorney General’s office. When a CASA is involved, he or
she also is a party. Each party may have a lawyer to represent their interests.
What is a Citizen Review Board (CRB)?
The CRB is a small group of trained volunteers, appointed by the Chief Justice of the Oregon Supreme Court, who review the
progress of cases of children who have been removed from home. Findings and recommendations from the CRB are forwarded to the
court that has jurisdiction for the child. CRB review may take the place of a court hearing, and if the judge, after reading the findings
and recommendations of the CRB, believes that a hearing is necessary, then the judge may order that one be held.
Child Welfare Cases in Juvenile Court
16
Section 2: The Beginning of a Case
If reports cause DHS to have concerns about a child’s welfare, then a Child
Protective Services (CPS) worker will talk to the child, parents, or other persons to find
out more about the situation. If the CPS worker thinks the child is not safe, then the
child will be removed immediately. DHS has CPS workers involved just at the beginning
of a case; after that an ongoing caseworker from the DHS office will be assigned to
work with your family. Removal of a child during, or at the end of, an investigation is a
very serious and painful event for both the child and the family.
Will there be a court hearing if my child is removed from my home during a DHS
investigation?
Yes. Unless you have agreed to work with DHS on a voluntary basis or agreed
to have your child placed outside of your home, DHS may make an emergency
removal of your child, but a court hearing must be held within 24 hours – not including
days the court is closed. This is called protective custody. DHS must file a neglect or
abuse petition with the juvenile court asking for this protective custody to be
continued. The hearing held within 24 hours is called the shelter hearing in most
counties.
Does the fact that I had a hearing in court mean that CPS found my child’s safety was
in danger?
Yes. If you have been given this Guide, it is because a case was started in
juvenile court. That happens when the CPS worker has found enough information to
have reasonable cause to believe that your child was neglected or abused, and has
stated those claims as allegations in a petition filed with the court.
Child Welfare Cases in Juvenile Court
17
NeCola’s Voice
In my first experience with DHS, I went to
the courthouse to find out what the
allegations were against me. I only knew
of two (domestic violence and drug abuse).
During the hearing, the worker read off the
two allegations I knew of and then said
three or four more. The way the
allegations were broken down into so
many parts made me feel defeated. I was
baffled, scared and felt like a failure as a
mom. Because I felt overwhelmed, it was
hard to fight for my kids.
Now that I am a parent mentor, I see that
lawyers can help clients understand how
the allegations are broken into parts
when they are listed in the petition. That
helps parents be prepared, both mentally
and emotionally, for what will happen in
court. Understanding what is happening
helps the parents I work with feel more
hopeful and open-minded to work towards
healing their families.
Warning: Anything you say to anyone (except your lawyer) in court or out of court can
be used against you in both the juvenile court case AND any ongoing or new criminal
cases. ALSO, if CPS found you did something that is a crime, then the state might bring
criminal charges against you.
You already may have criminal charges against you in a criminal case that involve some of the same
behaviors listed in allegations in the petition by DHS. For example, your criminal case may include
allegations of prostitution, possession of drugs, or violation of a restraining order, and the same or
similar allegations may be in the petition given to the juvenile court.
You have a right to remain silent during any part of a criminal investigation or case. In the
juvenile court case, always talk to your lawyer about what you should or should not say if there are
or could be criminal charges against you. Your lawyer will help you tell the judge that you want to
use your right to be silent about some of what happened.
Even if you do not have criminal charges, what you say to caseworkers and treatment providers may
affect your case. Talk to your lawyer about what you should or should not say. Always talk to your
lawyer before signing any papers.
The Beginning of a Case
18
Section 3: The First Hearing
The first hearing is in court in front of a judge. Each county in Oregon has its own way of handling cases and uses different
names for the hearings in juvenile cases. Many counties call these shelter hearings. At each hearing, the day and time of the next
hearing is scheduled. Write that day and time in your calendar and on the note pages at the end of this Guide. Ask your lawyer to
explain exactly what will be decided at the next hearing and write that down so you will
remember because there are weeks or months between each hearing.
Jennifer’s Voice:
Who will be at the hearing?
You have the right to be at all hearings in your case and you should do all you can
to be on time. Ask a friend or family member to come with you to give you support. When
you enter the courtroom the judge’s clerk will be there and can tell you where to sit. The
judge will wait for everybody to arrive before coming into the courtroom. DHS will have a
case worker there to speak to the judge. Lawyers may be there to represent you, your
child(ren), and any other parents of the children in the case. There may be a lawyer from
the Attorney General’s or the District Attorney’s office there to represent DHS and other
state interests. If the children involved are older, then they may be there.
Will I have a lawyer at the hearing?
It depends. The state recognizes that as a parent you have important rights and
that lawyers can help protect those rights. Some counties appoint a lawyer for parents at
the beginning of the hearing or even a little before the hearing starts so you have some
time to talk. Other counties will appoint a lawyer during the hearing and give you the
name and phone number of your lawyer. Call your lawyer as soon as possible to set up a
time to meet and talk about your case. If there is no lawyer representing you at this
hearing, then ask the judge for a lawyer.
What happens at the shelter hearing?
DHS shares its findings and gives the judge its opinion about whether the child
should be returned home or not. The judge will ask you for your opinion about if your child
should be with you or stay in care longer. If you have not been able to talk with your lawyer
before the hearing, you can ask for a few minutes to talk during the hearing. If you do not
have a lawyer at the hearing, then you can tell the judge about why you disagree with the
DHS findings and how your family and friends can help you and your child live together
safely.
The First Hearing
19
I do not remember my first court
hearing or what it was like. It was all a
big blur. I do not remember much
interaction with my lawyer at all either.
That hearing and ones after that all
happened at the juvenile courthouse,
which is miles from the downtown
county courthouse. Much later in the
case, there was a hearing on
terminating my parental rights and I
showed up at the juvenile courthouse on
time to learn that the hearing was at the
downtown courthouse. I went there and
was late to court and it was a default on
my part and my parental rights to my
children were terminated.
I learned the hard way that parents
need to get clarification from the judge
and their lawyer on where the hearing
or trial will happen. It is very important
to get clarification on anything and
everything if you are ever unsure of
what is going on, what you are
supposed to be doing, or where you are
supposed to be and when. Always ASK!
What does “protective capacity” and “protective action” mean?
Tips for Visiting Your Child
✓Work to develop a visiting plan that will work for you
and your family. If your children have been placed in
different homes, make sure that the plan also tells how
they will be able to visit with each other.
✓Visit as regularly as you can. This will be very important
to your child.
✓Following the visitation plan lets the court know that
your children can depend on you.
✓Ask what you are supposed to do if you can’t make a
scheduled visit.
✓If you need help in paying for transportation to the
visits, talk with your lawyer about how to get tickets or
money to pay for travel expenses.
A parent’s “protective capacity” is how well a parent can protect
his or her children from harm. A focus of this hearing will be deciding if
you can protect your child from risks of harm in your home. Tell your
lawyer how you can keep your child safe and, if needed, what actions
friends and neighbors can do to help. All of the ways you work to keep
your child safe are “protective actions.” The DHS worker will tell the
court if there are protective actions you can do in your home and
whether they are enough. The court will listen to your lawyer share what
you think needs to happen, if anything, and the judge will decide if
“protective action” is needed for your child to live at home.
What gets decided at the hearing?
The judge decides whether DHS made a mistake or whether the
findings show a need for the state to help your family. If the judge
continues the case at the end of the hearing the judge can, and
generally does, give temporary legal custody called “TC.” When DHS
has TC, DHS takes over making decisions that parents generally make.
The judge decides where your child should live temporarily.
Can the judge order DHS to return my child?
✓It feels strange to be “visiting” with your own child. You
can ask people to say parenting time instead of “visits.”
✓When you visit and talk with your child, try to
understand that it is difficult for him or her to have more
than one caregiver right now. Children sometimes think
that they need to choose between a parent and a foster
parent. Help your child accept caring from the foster
parent.
✓Help develop visitation resources that will allow you to
visit more frequently when your visits must be
supervised. These can be family members and friends
who will help by providing transportation for your
children or supervision of the visit.
20
At any hearing, a judge can order the return of a child if there is
not sufficient reason for the child to be out of his or her home. Even if
your child is returned home, the judge may order you to be involved in
services for you and your child.
What can I do at this hearing to help my child?
Tell your lawyer about family members or close friends who can
take care of your child or help you take care of your child in your home.
The law requires DHS to look for family members who can act as a
foster family to your child. Ask the judge to order DHS to provide you
with times to telephone and visit your child.
Section 4: Where Children Live During a Case
During the case, your child may live with you or the other parent. When the court orders placement out of your home, then
DHS finds another place for them to live during all or part of the case. This is called an out-of-home placement or substitute care,
and includes any of the children’s relatives who are willing to be a foster parent for your child or a family you do not know.
Who will my child live with?
If DHS removes your child, state law requires DHS to find out first if your child can live safely with a relative. Placement with a
relative is often called kinship care. This can happen if the relative and DHS agree that it is a good plan and a safe placement for
your child. Placement with a relative can help you, the parent, by possibly allowing for more frequent visitation and increasing the
likelihood that you will get your child back.
If placement with a relative is not possible, your child will likely go to a foster home or a temporary children’s shelter. In some
places, the first placement for a child may be a short-term group residence. In other places, children go directly to the foster family
who will care for them until they can return home.
Will my child be sent far away to live?
DHS must try to place children as close to their own homes and communities as possible.
What if my child has special needs?
All foster parents must meet certain standards set by the state to help ensure that children
will be safe and cared for. Most foster parents have been trained to understand the special needs
of all children who live away from their families.
Children with very intensive treatment needs, may be placed immediately in a place that can
meet their high needs. This could be a therapeutic foster home, a residential treatment center,
or some type of medical placement. Group care facilities must be licensed and staff must meet
standards set by the state.
Can I have a say in where my child lives?
You can make suggestions. If you have relatives or very close friends who can provide a safe home for your child, be sure to
tell the caseworker, your lawyer, and the judge about them as early as possible. Even if your relatives live out of state, it is still possible
for them to be considered. It is the job of DHS to find the best place for your children to live while in temporary care.
21
Tips for Child Placement
Will my children live together?
If more than one of your children is being placed in foster care, and it is best
for them to stay together, then DHS should place them together. Sometimes this is
not possible for a variety of reasons. For example, there might not be a foster
home large enough to care for all of your children, or one of your children might
need to be placed separately where she or he can get special treatment. If you
believe it is important for your children to be placed together, explain that to your
lawyer.
✓If your child has been removed from your
home, tell everyone in the case about family
members or others who can help you safely
care for your child in your home.
✓If you have relatives or very close friends
who can provide a safe home for your child, be
sure to tell your lawyer about them as early as
possible.
✓Even if your relatives live out of state, it is
still possible for them to be considered.
✓If you believe it is important for your children
to be placed together, explain that to your
lawyer
✓When your child moves into an out-of-home
placement, be sure that he or she takes some
things from home to help feel more
comfortable in the new placement, for
example, some very special toys, pictures,
favorite clothes, or other treasured items.
✓Let the agency worker know what works to
help calm and reassure your child, especially
during this difficult time.
22
Who makes decisions about my children when they live in foster care?
Your child’s caseworker and foster family will do their best to care for your
child. They will make decisions about school, meals, and special services your
child needs. You will continue to influence many of the decisions about your child,
unless the judge directs otherwise. Your continued participation in the service
plan is one way for you to have influence. You should be able to spend time
regularly with your children unless the judge determines that, even with
supervision, you are too much of a danger to your child. You should ask to attend
medical appointments, school meetings, and other important events for your child,
so you can continue to be part of important decisions and events in their life.
Section 5: Working with Your Lawyer
Usually, you begin working with your lawyer at the start of a case and use the same
lawyer for the whole case, which may last over a year. Your lawyer is there to help only you and
does not work for DHS or the court. You are your lawyer’s client. Your lawyer should act
professionally and treat you with respect. To help you, your lawyer needs information from you
about your child and your family. View your lawyer, his or her assistants, and yourself as one
team working together to have the case end with the outcome you want.
When will I meet my lawyer?
If you did not meet your lawyer at the first hearing, then call the phone number the court
staff gives you to set up a time to meet with your lawyer as soon as possible. If you did meet your
lawyer at the hearing, you still need to set up a time to talk more about your case. Sometimes
lawyers are in trial on another case and will not be able to meet with you for several days. Get a
calendar to write down the day, time, and place of your meeting with your lawyer.
What will my lawyer want to know?
Your lawyer will want you to talk about each child and parent in your family, including
information about their personality and daily activities. It is important to tell your lawyer about any
difficulties you have with alcohol, drugs, mental illness, domestic violence, and ability to provide
food and housing for your children. Bring phone numbers and addresses of people who know you
and/or your children, such as a community nurse, teacher, boss, or landlord. Your lawyer may
want to talk to those people or hire an investigator to ask those people questions. This information
helps your lawyer give DHS and the judge the full picture of your family.
Is what I tell my lawyer private?
Information you tell your lawyer is confidential or private if only you and your lawyer are
there when you talk. If anybody is with you, then the lawyer-client privilege does not apply to
keep what you say between just you and your lawyer. This is why your lawyer will ask to talk with
you alone. Your lawyer will keep information you give him/her confidential unless you agree it
should be disclosed in order to achieve your goals in the case
23
Mark’s Voice
I first met my lawyer while I was in
jail. My children went into foster care
because my home was raided by the
police while I was in jail and DHS felt
my children weren’t safe with their
mom. My kids were placed in foster
care with their grandparents. Because
of my criminal background, I didn’t
really have much faith in a court
appointed lawyer. My lawyer came
and met me in jail; she explained my
rights to me and the fact that my
upcoming hearing was about several
different allegations against me and
my wife. She said that I had the right
to be present at the hearing and, if I
wanted, she would have me
transported there. She explained what
the allegations against me were and
that I could either admit the
allegations and do what DHS and
the courts asked or I could go to trial
and contest the allegations. At the
hearing, I admitted some of the
allegations and my lawyer told the
court that some of the allegations
weren’t true. My lawyer was the first
person that I told what life was like
for my family. By telling her my story
my lawyer was able to help me start
helping myself.
Tips for Working with Your Lawyer
✓Talk with your lawyer about the names
used in your county for the hearings, the
timeframes, and the purpose of each
hearing.
✓Your lawyer should do the following:
• meet with you before every hearing
and represent your interests in court
• gather information that supports your
position
• help you understand your rights
• let you know the time and place of
each hearing
• tell you what to expect at each hearing
• explain child welfare laws that apply to
you and your family.
✓Talk with your lawyer about what you
want to be said in the hearing. If you want
to speak yourself, be sure that your lawyer
knows this and arranges for you to have your
say.
✓If you believe that someone is saying
things in court about you or your family that
are not true, let your lawyer know.
If I leave a message for my lawyer, when will I hear back?
In working with your lawyer, it helps to understand that the court assigns your
lawyer many other clients, often too many clients, and he or she is very busy. It may
take a day for your lawyer to call you back when you leave a message. It is your
lawyer’s job to make enough time to work with you on your case, but he or she
cannot spend time on your case every day, and there may be weeks when your
lawyer is in a trial for another client and cannot spend any time on your case.
What will my lawyer do at the beginning of the case?
Your lawyer will explain the legal process and answer questions you have.
Together you will make a plan to reach the outcome you want. This may involve
deciding what changes you will make in your life and what steps you will take to
make those changes happen. Or it may be that there are no changes to be made.
What does the lawyer do with the plan we made?
If you ask your lawyer to share your plan with DHS, then he or she can ask
them to adopt all or part of your plan as their plan. In talking with DHS and at
hearings, your lawyer will explain why your plan is a good one and should be used
as the service agreement in the case.
Will DHS use my plan?
The caseworker will write up a plan also and then work with you and your
lawyer to try to end up with a plan that everybody agrees will lead to needed
changes. The law requires DHS to have two plans, one is the primary plan and one
is a back-up plan, called a concurrent plan, in case the primary plan does not
happen. If you want your child to grow up living with you, then reunification should
be the primary plan. The caseworker will need to look for relatives or other families
who could raise your child if, during the next year, you do not show the judge you
have taken care of the safety risks and are able to have your child live with you. You
will hear the judge ask the caseworker about the concurrent plan; that does not
mean reunification is no longer the primary plan.
✓If you are confused about what took place
in court, be sure to ask your lawyer to
explain it to you.
Working With Your Lawyer
24
Do I need to file an answer?
In some counties, the parent must give the court a written response to the claims made by DHS, called an answer. Your answer
lets DHS and the judge know early in the case which claims you agree with and which you think are not true. Your lawyer will write your
answer and file it with the court after reviewing the DHS petition, which is the document used to state DHS’ claims, called allegations.
Some counties will have a preliminary hearing for parents and their lawyers to present their answers.
What if I think the DHS findings are wrong?
In its petition, DHS lists its reasons, called allegations, for removal and making
your child a ward of the state. The word jurisdiction is used to mean that DHS has the
right to take over guardianship of your child because of an unsafe living situation. You
decide whether you agree that any or all of the reasons did exist in your home at the
time your child was removed. Your lawyer will advise you whether the allegations are
legally enough for the court to have jurisdiction. If you think that none of the reasons
were true at that time, or were not legally enough for the court to take jurisdiction , then
you may decide to have a trial at which your lawyer will present evidence and explain
your reasons to the judge for why the juvenile court should not have jurisdiction over
the case.
How will the case be different if I challenge jurisdiction?
When you challenge DHS’s right to be involved in your family, then your
lawyer and the lawyer for DHS will spend several weeks gathering information
and preparing for a trial before the judge so that the judge can decide whether
there is enough evidence and if the judge should take jurisdiction of your child(ren).
When you do not challenge jurisdiction, then there will be a hearing when you
will make admissions. If jurisdiction is established, either after admissions
or a trial, then there will be review hearings where you can share with the judge
how well you are making progress. You can ask to begin classes, counseling, and
visits at the first hearing, even if you disagree that any of the allegations are true.
Working with your Lawyer
25
Part 3
Working with Your Lawyer:
The Next Part of Your Case
Working with your Lawyer
26
PART 3: TABLE OF CONTENTS
Section 6: The Next Court Hearing ....... 28
What happens next in court?.................... 28
My case has separate jurisdictional
and dispositional hearings, how are
they different? .......................................... 28
Who will be at the hearing? ...................... 28
The judge asked DHS about the
concurrent plan, what is that? .................. 29
Can the judge order DHS to return
my child?.................................................. 29
What kinds of services might be in the
plan? ....................................................... 33
What if I do not want to do some of the
services? ................................................. 33
Section 9: Review Hearings .................. 34
What is a Citizen Review Board (CRB)? .. 34
What if I can not come to a hearing? ....... 34
What are review hearings for? ................. 34
What happens at review hearings?.......... 34
At the review hearing they mentioned a
permanency hearing, what is that? .......... 35
Section 7: Jurisdiction Trials ................ 30
Who decides if there will be a trial? .......... 30
Are there trials in most cases? ................. 30
If there is a trial, what happens
before the trial? ........................................ 30
What happens at trial?..................................30
What are some things my lawyer
should do before the trial? ........................ 31
What gets decided at a jurisdiction trial? .. 31
Section 10: Parenting Your Child in
Your Home ............................................. 36
How can I get in-home services? ............. 36
What happens if I refuse in-home
services? ................................................. 36
Do child welfare agencies have funds
to pay for in-home services?.................... 37
Will there be rules I need to follow to
get in-home services? ............................ 37
What does reunification mean? ............... 37
Will I get custody of my child once she
returns home? ......................................... 37
When will the child welfare agency and
the court no longer be involved with my
family? ..................................................... 37
Section 8: Service Plans ........................ 32
What does “services” mean?.................... 32
What is a service plan? ............................ 32
Who puts together the service plan? ........ 32
Is the service plan just a list of
what I need to do? ................................... 32
Who pays for these services? .................. 33
How can I do these services if I do not
have a car or my license is suspended?... 33
What if I change my mind about parts of
the service agreement?............................ 33
What responsibility does DHS have to help
me so that my child can come home? ...... 33
The Next Court Hearing
Section 11: Resources ......................... 38
Section 12: Definitions ......................... 39
27
Section 6: The Next Court Hearing
Tips for Concurrent Planning
✓It is important for you to know how the
concurrent planning process works so
you can try to influence what the plan will
be.
✓If you are uncertain of what this process
means for you and your child, be sure to
get answers from your lawyer.
There will be a second hearing sometime within 60 days after DHS filed its
petition. Like the first hearing, different names are used in Oregon counties for this
court hearing. Usually it is called a jurisdictional or dispositional hearing (a hearing
about how the court is going to proceed once there is jurisdiction), although some
counties have separate hearings for jurisdiction and disposition. Also, some counties
hold a hearing between the shelter hearing and this hearing. In some counties there
will be a settlement conference before the jurisdiction hearing. Finally, in some
cases, there is a trial instead of a hearing on jurisdiction. At each hearing, the day
and time of the next hearing is scheduled. Write that day and time in your calendar.
Ask your lawyer to explain exactly what will be decided at the next hearing and write
that down so you will remember because there can be weeks or months between
each hearing.
What happens next in court?
It depends on whether or not you agreed that DHS and the court need to be
involved with your family, which means the court has jurisdiction in the case. The
hearing is for the judge to hear whether the parties have agreed to jurisdiction and to
a service agreement. If you deny all of the allegations in the petition, then the judge
and lawyers will find a few days for a trial to happen about a month after the hearing. If you have agreed to jurisdiction, the hearing will be
used as a time for the judge to hear admissions from you about what you think gives the court jurisdiction over your family, what has
been going on, and what the parties want for services.
My case has separate jurisdictional and dispositional hearings, how are they different?
The focus of a jurisdictional hearing is on whether Oregon law requires DHS to be involved with your family. The focus of a
dispositional hearing is on the service agreement and deciding where the child should live while the case continues.
Who will be at the hearing?
Parents have the right to be at all hearings and you should always be on time. Your lawyer will likely ask you to arrive early so the
two of you can review what will happen. DHS will have a worker there to speak to the judge and a court appointed special advocate
(CASA) may be there. Older children in the case sometimes come to the hearing. Lawyers may be there to represent you, your child(ren),
and any other parents of the children in the case. There may be a Department of Justice lawyer or a District Attorney at the hearing. These
are all of the people who have the right to speak to the judge at the hearing. Because hearings in court are open to the public, any person
interested in the case may come. Often grandparents and foster parents will come and the judge may ask them if they have information to
add. Ask a friend or family member to come with you to give you support before, during, and after the hearing.
Working with your Lawyer
28
The judge asked DHS about the concurrent plan, what is that?
DHS is required by law to work on a backup plan for the child’s future in case she or he cannot return home. DHS caseworkers
need to report to the judge on what work they have done on the concurrent plan.
The reason for concurrent plans is to shorten the amount of time it takes for children to find permanent homes if they do not return
to their parents. It also reduces the number of placements for a child. Here are some examples of how concurrent planning works:
• A child in foster care lives with a family (usually a foster family or a
relative) who is willing to work closely with the parents to help the child
return home. This family also may be willing to become the child’s
permanent family, through adoption or legal guardianship, if she or
he cannot return home.
• A child might be placed with a “pre-adopt” family who would like to
adopt the child, if she or he cannot return home.
Can the judge order DHS to return my child?
At any hearing, a judge can order the return of a child if there is no
reason for the child to be out of his or her home. Even if your child is returned
home, the judge may order you to be involved in services for you and your
child.
29
Section 7: Jurisdiction Trials
You can ask for a trial to decide if the claims DHS makes at the beginning of the case are true. A trial is where evidence, such as
testimony of witnesses and documents, is presented and the judge decides whether the state has proved the case.
Who decides if there will be a trial?
You do. Every parent has a right to a trial. In a case with one child, it may be that the mother asks for a trial and the father does not.
Each parent involved makes their own decision about wanting a trial.
Are there trials in most cases?
It does not matter what happens in most cases; what matters is your case and if you believe DHS is wrongly involved with your
family. Often, it is clear whether DHS made a mistake or not and the judge can decide that in a hearing. However, often the families DHS
gets involved with really do need some classes and counseling to help with difficulties in parenting because of drugs, domestic violence,
or mental illness. Often treatment and classes work to help parents make needed changes. Each family is different and all that should
matter to you is what is best for you and your child(ren).
If there is a trial, what happens before the trial?
A trial takes weeks and sometimes months to prepare, and then the trial itself usually takes two to four entire days in court. Parents
wanting a trial may need to meet with a psychologist or psychiatrist for an interview and tests so that person can give their opinion of the
parent’s psychological and mental health and abilities. Records of your past criminal history, past mental health history, or involvement with
DHS will be found and used. Information about the events that caused DHS to become involved with your family will be collected from
people as well as information about all actions you have taken since the case began.
What happens at trial?
As the parent, your living situation and lifestyle will be discussed in detail in court and you will be called on to answer questions
about your life and decisions that have any relation to your child’s well-being. Unlike criminal trials, a parent can be required to testify at
trail and it is likely the attorney for the state will call you to testify at the beginning of the trial. Other people will speak and answer questions
also, including caseworkers, counselors, teachers, foster parents, and your child if he or she is old enough to share useful information.
30
What are some things my lawyer should do before the trial?
There are many things that a lawyer will do to prepare for a trial and while a trial is happening. Lawyers should file motions, which
are ways of asking the judge to take action in your favor, such as limiting the use of unhelpful information at trial. Motions should be filed
before the trial, and sometimes they will need to be filed during the trial, as well. Based on the results of the motions and the
investigation, your lawyer will present information, called evidence, on your behalf, and challenge the evidence of the other lawyers. To
do this, your lawyer will make arguments to the judge, as well as object to the arguments and evidence of other lawyers. Your lawyer will
discuss with you what will happen at your trial. If you have questions, be sure to ask your lawyer so that you are prepared for what is
happening.
What gets decided at a jurisdiction trial?
The judge decides if DHS must be involved in your family by looking at Oregon laws and the facts presented at trial. If the judge
decides that DHS involvement is required by Oregon law, then your child may or may not live in your home while you and your child do
services such as classes and counseling. If the facts presented show that Oregon law does not require DHS involvement, then your
children will be returned to your care and you will not need to do anything.
31
Section 8: Service Plans
Nancy’s Voice
What does “services” mean?
Services is the word used for any activity that DHS uses to meet the needs of
children and parents. Examples include counseling, drug treatment, food stamps, and
classes such as anger management, parenting, and life skills. DHS caseworkers can sign
you up for these programs, by making referrals. When your child is living with a foster
family, the time you spend with him or her is called visitation or parenting time, and is a
service because the caseworker works with the foster family and you to set a time and
place for that to happen.
What is a service plan?
It is the written statement of what needs to happen for DHS to no longer be involved
with your family. When you become involved with the child welfare system, you will be
involved in making a written service plan. This plan is an agreement between you and
DHS. This Guide uses the words “agreement” and “plan” when talking about this, it is also
called an action agreement. You will be asked to sign the service plan and you will receive
a copy of the service plan to keep. If English is not your first language, ask for a written
copy of the plan in your first language.
From the first day that the child
welfare system came into my life, I felt
confused, afraid to ask for help and
alone, with no one to guide or support
me. It took me a long time to
understand my service plan and access
services. Once I found a job and a
house and was getting therapy and
taking parenting classes, I thought my
kids would come home. At every court
date, I expected my children to be
released to me. Finally I asked my
attorney why they were still in foster
care and he explained that I had to
complete my treatment plan before the
court would consider reunification.
Who puts together the service plan?
It is the job of DHS to make a service plan. You, the parent, should always be involved in developing the service plan. It is also
important to include children who are old enough to participate. At the hearing the Judge reviews the service plan and can add or delete
services from the plan.
Is the service plan just a list of what I need to do?
The state is required by federal law to develop the service plan for your child and family. Working on the service plan gives you
the chance to define your rights and responsibilities as a parent while your child is in foster care, have a say in the type of care your child
will receive, and explain what help both you and your child need.
Service Plans
32
Who pays for these services?
Tips About the Service Plan
✓If your child is in out-of-home
placement (also referred to as foster
care), the state is required by federal law
to develop the service plan for your child
and family with you. Working on the
service plan with your lawyer gives you
the chance to do the following:
 explain what help both you and your
child need
 set goals that are important to you
 ask for specific services
 ask questions
 have a say in the type of care your
child will receive
 define your rights and
responsibilities as a parent while your
child is in foster care
 understand your responsibilities and
the agency’s
✓When you sign the service plan, it
means that you agree with it. If you don’t
agree with it, talk about it with your
lawyer.
✓Make sure your child has input into the
plan if she or he is old enough.
✓Ask for and keep a copy of your
service plan and any updates to it.
Service Plans
Both you and DHS cover the cost of services in the plan. For example, DHS will bring your
child to and from the foster home to a DHS office or other place where you spend time
together, and DHS often gives bus tickets to parents for going to classes that are part of the
plan. Parents may have to pay some amount for classes. Parents also are asked by the state
to make child support payments to the state while their children are in foster care.
How can I do these services if I do not have a car or my license is suspended?
You will have to arrange for transportation. DHS may be able to give you bus tickets or gas
money.
What if I change my mind about parts of the service agreement?
When you sign the service plan, it means that you agree to take the actions listed. If you
think parts of the plan are unreasonable, talk about it with your lawyer.
What responsibility does DHS have to help me so that my child can come back home?
Federal law requires DHS to make reasonable efforts to do the following:
• keep children in their own homes,
• provide services so that children can return home safely, or
• find children another permanent placement.
What kinds of services might be in the plan?
Services such as counseling, substance abuse treatment, mental health services, parent
training, and others can be in the plan. These services should meet your needs as well as
the needs of your child. Time with your child is a very important service to be included in the
plan.
What if I do not want to do some of the services?
If the judge approved the plan, then you are expected to do everything in the agreement. For
your child to return to your care, you need to do everything. Skipping classes or dropping out
of treatment are examples of not doing everything in the plan. Child welfare laws are based
on the ideas that if parenting your child is very important to you, then doing the services will
be very important to you because it is what you need to do to be reunited as a family. You
need to not only attend services but to make the changes the services are designed to help
you with.
33
Section 9: Review Hearings
Tips for Review Hearings
✓Be sure to let your lawyer know about the
progress you are making in the services you
are receiving. For example, if you receive
mental health or substance abuse treatment,
how are you doing?
✓Sometimes there are waiting lists for
services that you may need (for example
mental health services, public housing,
substance abuse treatment). Some
communities have agreements that allow
families whose children are in foster care to
move up on these waiting lists. Ask if you can
be moved up on the waiting list(s).
✓If you have not received the services listed
in your service plan, tell your lawyer.
✓If you have problems and need mental
health or substance abuse treatment, the
decision to participate in treatment is yours
alone. But be aware that if you do not get any
benefit from treatment, it will probably affect
whether your child can return home.
✓Form a support system around yourself to
help you get through the tough times. Take
care of yourself so you can be there for your
children.
Review Hearings
Review hearings must happen every six months and sometimes happen more
often. They will be with either a judge at the courthouse or a Citizen Review Board
(CRB) somewhere other than the courthouse. They generally last less than an hour,
sometimes much less. It is important that you do not arrive late for a hearing because
you could miss it entirely.
What is a Citizen Review Board (CRB)?
The CRB is a small group of trained volunteers, appointed by the Chief Justice
of the Oregon Supreme Court, who review the progress of cases of children who have
been removed from home. Findings and recommendations from the CRB are
forwarded to the judge that has jurisdiction of the child. CRB review may take the
place of a court hearing, and if the judge, after reading the findings and
recommendations of the CRB, believes that a hearing is necessary, then the judge
can order one.
What if I cannot come to a hearing?
You should make every effort to come to the hearings at the time that they are
scheduled. However, if you are unable to make it, ask your lawyer to request that the
hearing be held when you are able to attend. If it is just not possible for you to come to
the hearing, then let your lawyer or the caseworker know why so that information can be
shared with the judge. If you have a good reason to not be there, but can be on the
telephone during the hearing, tell your lawyer who can try to make that happen.
What are review hearings for?
Review hearings help you, DHS, and the judge or CRB know the following:
 if your child is safe and well in his or her present placement
 whether your child needs to continue in the placement, and if not, the
timeline for reunification
 you and DHS are doing what the service plan says each of you will do
 what kind of progress is being made, and
 whether the service plan should be changed.
34
What happens at review hearings?
Talk with your lawyer before all hearings to let him or her know what you want to be said in the hearing. If you want to speak
yourself, be sure that your lawyer knows this and arranges for you to talk during the hearing. You also can give the judge a letter you have
written ahead of time. If English is difficult for you, then ask for an interpreter.
During the hearing, the caseworker will tell the judge how your child is doing and what has been happening in the case. Your lawyer
will share what actions you have been taking and any changes you want to the service plan. If you believe that someone is saying things
in court about you or your family that are not true, tell your lawyer. If after the hearing you are confused about what happened, be sure to
ask your lawyer or the case worker to explain it to you.
At the review hearing they mentioned a permanency hearing, what is that?
At a review hearing, a party may ask for a permanency hearing, which is asking for the plan to change from returning the child
home to a different plan, usually the concurrent plan. Even if a permanency hearing is not asked for, the law makes courts set one on
the calendar within one year from when your child was removed. Talk to your lawyer about what will happen at the permanency hearing
and what concurrent plans DHS has made. This is a very serious stage of the case and could lead to the termination of your parental
rights.
WARNING
If your caseworker or anyone wants to talk to you about relinquishing your
parental rights or says that your parental rights might be terminated, it is
important to talk about this with your lawyer, as it could lead to permanent loss of
your parental rights.
35
Section 10: Parenting Your Child in Your Home
This section covers how the Children, Adults, and Families Division of DHS can
help you and your child live together safely, whether your child has not been removed or
was removed and returned, called reunification. In-home services give families support
and financial help to get the clothes, housing, counseling, and other items and services
they need to live together. For more information on services, see Section 7 of this Guide.
How can I get in-home services?
Most often, families are referred to in-home services after a report of child abuse
or neglect. If your family needs help to stay together and keep your children safe, you
should be eligible to receive in-home support services. In addition, if your child is returning
from out-of-home care, then in-home services that will help you get back together as
smoothly as possible should be available to your family.
Referrals for these services may be made by the agency worker, the court,
doctors, health departments, mental health centers, schools, law enforcement, and other
interested professionals. There are three ways you can get in-home services. You can be
referred by someone else, you can be ordered by the court to participate in in-home
services, or you can ask for the services yourself.
What happens if I refuse in-home services?
If the in-home services are not court-ordered, then you can refuse to participate or
you can stop participating. But if there is concern for your child’s safety, then the court can
order you to participate.
Parenting in your Home
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Louis’s Voice
My social worker, Eva Torres, offered me
more services to help me reunify with my
girls. Although I felt that my parenting
skills were OK, the courts believed
otherwise, so I started attending a class
called Incredible Years. The class taught
me how to deal on a daily basis with the
emotions of being a parent, especially
how to handle all the weapons of mass
destruction that little ones know how to
open up and unleash with no regret. The
class helped me a lot. Ms. Torres also
gave me practical help. She got me
dressers for my daughters and applied
for a voucher so I could get a better car.
“It’s a long shot, but it’s worth a try,” she
told me. A few weeks later, she gave me
the voucher for a down payment on a
new car. That was unbelievable! Finally,
in November 2007, my kids started to
come home for extended visits. Then I
felt confident that I would be a father
again.
Do child welfare agencies have funds to pay for in-home services?
Tips for successful reunification
✓Request that your family and friends be
involved in your support system.
✓Request the appointments take place during
times that work for your family, for example,
after the regular workday or on weekends.
✓If you think you need help, ask for it.
✓If you think you will need support services
after your child returns home, talk with your
lawyer about how to get them.
✓If you learn about an approach that appeals to
you, ask if it can be considered for your family.
✓Ask for services in your own language.
✓Talk with your lawyer about how to bring
together your child welfare service plan with
other service plans you are involved in.
✓Ask your lawyer to help coordinate
appointments and activities that are part of all
your service plans.
✓If you have a voluntary agreement with the
child welfare agency, be sure to get the
agreement in writing. It should clearly explain
your parental rights.
✓Have a lawyer review the voluntary agreement
that you sign.
Federal laws say how important it is to prevent the placement of
children in out-of-home care, but the federal government provides more
funding for out-of-home care than for in-home services. Oregon does not
have enough state money to serve many of the families who need in-home
services.
Will there be rules I need to follow to get in-home services?
For your children to live with you while the court has jurisdiction over
your case, there needs to be a good plan in place that shows how you will keep
them safe by protecting them from possible harms. The plan may include
protective actions you will take to keep your children safe and services for you
and/or your children that you must work into your daily and weekly routine.
What does reunification mean?
Reunification means that a child returns home to his family after foster
care. Reunification is the most preferred goal for children who are in foster
care.
Will I get custody of my child once she returns home?
It depends. You might get back full custody when your child returns
home, and you will no longer have to be involved with DHS and services. But
more likely you might have only physical custody of your child. This means
your child would be living with you, but DHS would still have legal custody.
If DHS keeps legal custody, return of legal custody to you could be
based on certain conditions set by the court. Within the time frame that is set,
you must meet those conditions and continue working on the service plan.
The service plan should list the kind of support services that will be made
available to you once your child returns home. When you, DHS, and the court
agree that your child is safe with you and that you are able to care for him or
her now and in the future, then you should regain full custody of your child.
When will the child welfare agency and the court no longer be involved
with my family?
Once your child is at home with you, any monitoring activities have
ended, full custody has been returned to you, and you are no longer receiving
services, then your case can be completely closed in court.
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Section 11: Resources
Oregon Laws
Juvenile Code: Dependency, Oregon Revised Statutes
Chapter 419B
http://www.leg.state.or.us/ors/
Community Support Organizations
Parents Anonymous
Parent Support Line (503) 258-4557
http://www.morrisonkids.org/parents+anonymous_+of+oregon+
_+parent+mentor+program.aspx#PAOO
Children, Adults and Families Division: Child Welfare programs,
Oregon Administrative Rules Chapter 413
Oregon Courts
http://courts.oregon.gov/OJD/courts/index.page?
Volunteers of America
(503) 235-8655
http://www.voaor.org/Learn-About-our-Services/Children-andFamily-Services.aspx
Oregon Alliance of Children Programs
(503) 399-9076
http://oregonalliance.org/index.php
Lawyer Information
Oregon State Bar
1 (800) 452-8260
http://www.osbar.org/
Children of Incarcerated Parents
http://egov.oregon.gov/DOC/TRANS/PROGMS/oam_children.s
html
Oregon Public Defense Services
(503) 378-3349
http://www.oregon.gov/OPDS/
Rise Magazine
http://www.risemagazine.org/index.html
Department of Human Services
DHS Main Website:
www.oregon.gov/DHS/
DHS Child Welfare Policies:
www.dhs.state.or.us/policy/childwelfare/
Jacquelyn’s Voice
By attending drug treatment and parenting classes, I came to terms with the pain that led me to drugs—my traumatic,
abusive childhood and my husband’s death. My children returned home angry, but I was a stronger person and was able to
rebuild my family. Like me, many parents become involved with the system not only because they lack parenting skills or
life skills, but also because trauma contributed to the destruction of their lives and parenting abilities. Parents involved in
the system often have a past history of trauma like physical and sexual abuse, and they experience trauma again when
separated from their children.
Resources
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Section 12: Definitions
This section contains words or phrases used in this guide and the child welfare system that may be unfamiliar to you. It also has
words or phrases that are not used in this guide. These are terms that you may see or hear as you are involved with the child welfare
system.
burdens of proof – The amount of evidence needed to prove
abuse – Physical harm to a child that is not accidental.
allegations or allow state action regarding a child. The burdens
of proof are: beyond a reasonable doubt, clear and convincing
admission – When the parents (and perhaps child) admit that the
evidence, preponderance of the evidence, and probable cause.
allegations in the petition are true and consent to the court taking
jurisdiction of the child.
CASA - court appointed special advocate appointed – When
the court chooses a person to take on a task, it appoints that
adoption – The process by which a person who is not a child’s
person to the job.
parent becomes the child’s legal parent.
child and family teams – The child and family team comes
Adoption and Safe Families Act (ASFA) – A federal law with
together to develop family service plans. The team is usually
rules about what states must do in dependency cases to keep
made up of the service providers and DHS representatives who
getting federal money.
are working with the family, extended family members, and other
support persons, such as neighbors or ministers.
ASFA – Adoption and Safe Families Act – see above
Child Protective Services (CPS) – The agency that is
allegations – (of a petition) The part of the petition that says
responsible for investigating cases of suspected abuse or neglect
why the court should have jurisdiction over the child, by stating
of children and for providing services and supports to children
the abuse or neglect the child suffered.
and families.
allege – To assert that something is true.
child safety meetings – Meetings for making a plan for the child
answer – A written statement filed with the court that admits or
denies each allegation in the petition.
to be safe during the case.
Child welfare system - A collection of services designed to
promote the well-being of children by ensuring safety, achieving
permanency, and strengthening families to successfully care for
their children. Typically these services include receiving and
investigating reports of child abuse and neglect, providing
services to families who need assistance care for and protecting
their children and arraigning for out-of-home placements for
children who are not safe at home, and working toward family
reunification or other permanent placement for children placed
out-of-the home.
assessment – A process to determine whether a child, parent or
family have particular needs. The result of assessment is often
recommendations for services. There are many different types of
assessments in dependency cases, including: drug and
alcohol assessment, mental health assessment, safety
assessment, risk assessment and family assessment.
Assistant Attorney General (AAG) – Title for lawyers who work
for the Attorney General’s office and represent DHS in
dependency cases.
Definitions
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Citizen Review Board (CRB) – A local board of trained
volunteers, appointed by the Chief Justice of the Oregon
Supreme Court, upon recommendation by the local presiding
judge, who review the progress of cases of children who are in
substitute care. Findings and recommendations from the CRB are
forwarded to the court that has jurisdiction of the child or youth.
CRB review may take the place of a court hearing. If the court,
upon reviewing the findings and recommendations of the CRB,
believes that a hearing is necessary, the court may order that one
be held.
clear and convincing evidence – The burden of proof between
"preponderance" and "beyond reasonable doubt;" the amount of
evidence necessary to establish jurisdiction in an Indian Child
Welfare Act case or to terminate parental rights in a non-Indian
Child Welfare Act Case.
client – A customer of one who gives professional services.
concurrent plan – A plan for permanency for a dependent child
who is in foster care in addition to the primary plan of returning
the child to the parent.
confidentiality – Information that is private and not to be shared;
there are many rules keeping papers and conversations
confidential, and rules about when information can be shared.
CPS – Child Protective Services – see above
CRB – Citizen Review Board – see above
custody – A judge grants this to an adult or an agency so that
they have the legal right to care for a child. The person or agency
with custody has the power to make major decisions regarding
the child.
denial – A statement by parents and/or child that the allegations
of the petition are untrue and that the child should not be within
the jurisdiction of the court. A denial is also a request that the
court hold a jurisdiction hearing/trial on the allegations. Parents
must be given an opportunity to admit or deny allegations of a
petition no later than 30 days after it is filed.
Department of Human Services (DHS) – A state agency that
provides services and programs to protect children who
experience abuse or neglect; strengthen families to help keep
them together; provide quality foster care and ensure permanent
families when necessary for the safety and protection of children
dependency case – A case concerning a child who has been, or
is alleged to have been, abused or neglected.
considered judgment – When children are mature enough to
understand the process and importance of the outcomes in a
dependency case, then they have considered judgment and
make their own decision about what outcome they want.
dependency petition – A petition that alleges a child is within
the jurisdiction of the juvenile court due to child abuse or
neglect.
Court Appointed Special Advocate (CASA) – A trained
volunteer who is appointed to investigate a dependent child's
situation and to make recommendations to the court about what
is in the child's best interest.
Definitions
court order – A legally binding document that describes the
judge’s instructions or directions. All parties to a court order must
follow it.
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deputy district attorney (DDA) – Title of the lawyer who works
for the state on some cases.
disposition - If the allegations of the petition are admitted or
proven true in a jurisdiction hearing/trial then the court holds a
separate hearing (even though it may happen on the same day,
immediately following the jurisdiction hearing) to decide what
services the family needs to enable the child to safely return to
the parent's care.
contact between the biological parent and the child. This person
(often called a “mediator”) is not directly involved with the family
or with the child welfare agency. This person works with DHS
workers and family members to reach agreement on issues.
foster family – An out-of-home placement in a home setting with
foster parents who are licensed, trained caregivers.
dispositional hearing – The hearing where the court decides
what services the family needs to enable the child to safely return
to the parent's care.
domestic violence (DV) – Violence against a person you live
with or are intimately involved with.
emergency placement/removal – This is when a child is
temporarily removed from his or her family because the CPS
worker has concerns about the safety of a child. The CPS worker
is supposed to get an emergency protection order either before or
immediately after the child is removed. The emergency protection
order will then be reviewed in a court hearing to see if your child
can return home.
emergency shelter – This is a temporary, short-term place
where children who are taken into state custody may stay. It may
be a family home or a group facility. It is set up to provide an
immediate safe environment while decisions are being made
about where a child will live.
evidence – Information the court uses to make decisions in a
case.
family group decision meeting (FDM) – Also called “family
team decision making.” A meeting that is held with the family and
extended family members to get them involved in planning for the
safety and permanency of the child or youth.
family mediation – This is a process in which a trained mediator
helps to find solutions on issues regarding a child’s welfare and
placement. Generally, mediators are provided to assist parents in
negotiating with proposed adoptive parents concerning future
Definitions
41
founded – a finding after the initial CPS assessment that there
is believable evidence that child abuse or neglect has occurred.
Another term that means the same thing is substantiated.
group home – An out-of-home placement in which a number of
unrelated children live together for different lengths of time. Group
homes may have one set of house parents or may have rotating
staff. Some therapeutic or treatment group homes have specially
trained staff to assist children with emotional and behavioral
difficulties.
guardianship – A legal way for an adult other than the parent to
assume parental responsibility and authority for a child. This is
done without ending the parental rights of the birth parents. Legal
guardianship for a child is a relationship between the child and a
caretaker that is created by the court. It is intended to be
permanent.
IEP - Individualized Education Plan.
independent living placement – An out-of-home placement, for
example, an apartment. It is for older youth in foster care and
those who leave the foster care system to live on their own. This
includes youth who cannot return home to live, are not placed
with relatives or guardians, and are not adopted.
independent living services – These are services to prepare
youth for adulthood. They may focus on developing skills in areas
such as money management, job hunting, daily living skills, and
communication skills.
Individualized Education Plan (IEP) – Federal law states that
children with disabilities have the right to attend public schools
with their peers. A team of school staff and parent(s) create a
plan to identify areas the child needs help with in the current
school year. The IEP also describes how the school will provide
these services.
legal custody – The right and responsibility to provide care,
supervision, and control over a child.
mediator – A person who is not involved in the case, who helps
the parties reach agreements.
in-home services – DHS may give families referrals for support
and financial help to get the clothes, housing, counseling, and
other items and services they need to live together.
interpreter – One who translates from English to the person’s
first language or from the person to English.
investigation – This is the formal information gathering process
used by DHS to determine whether or not child abuse or neglect
has occurred.
jurisdiction – The hearing at which the court makes a finding
that it is justified for the court and DHS to be involved. Jurisdiction
gives the judge authority to continue your child in foster care and
order services that you and your child must do.
juvenile – Child under 18 years of age.
juvenile court – A court with jurisdiction over all cases involving
children under 18 years of age.
kinship care – An out-of-home placement with the child’s
relatives.
monitoring – To keep close watch over.
motion – Papers lawyers file with the court asking the judge to
take action in their client’s favor, such as limiting the use of
unhelpful information at trial.
neglect – To fail to care for a child in a way that keeps them safe
from harm.
Notice of Appeal – A document that must be filed with the
Oregon Court of Appeals when a party wants review of
appealable orders of the juvenile court.
ongoing safety plan – The plan to protect a child from safety
threats – usually while the child remains in the parent’s home.
open adoption – An adoption in which the adoptive parent and
birth parent agree that the birth parent will keep some type of
contact with the child. The contact is usually limited such as
pictures annually and the agreement may be difficult to enforce.
lawyer – Also known as attorney or legal representative. A
professional person authorized to practice law, whose role is to
conduct litigation for clients or provide legal advice.
Oregon Safety Model (OSM) – The name for the process DHS
workers must follow in dependency cases.
lawyer-client privilege – Also known as attorney-client privilege,
a rule that keeps information you give your lawyer private.
Definitions
Medicaid – Medicaid finances health and mental health care for
eligible people with low incomes. Medicaid is run and funded
jointly by the federal government and states. Children normally
qualify either because they live in a family with very low income or
because they have a disability severe enough to qualify them for
federal disability benefits such as Supplemental Security Income
(SSI).
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out-of-home care/out-of-home placement – The place a child
lives when moved out of his or her home into another home or
other setting – foster care or relative’s home.
prehearing/settlement conference – Any one of a number of
proceedings or meetings among the parties to a dependency
case that aim to deal with the petition without a trial.
parenting time – Time a parent spends with their children who
are in an out-of-home placement, also called visitation.
party – People and agencies that are part of a case, in
dependency cases the children at issue are parties, as are all of
the parents of those children, DHS, and sometimes a CASA.
permanency – This is one of the goals established by federal law
for children who are in out-of-home placement. When a child has
been placed outside of the home, DHS must establish a
permanent home for her or him within time limits. The initial
permanent plan is to return the child to the parent but in each
case there must be a concurrent plan – which DHS is working on
concurrently. The concurrent plan is most often adoption.
permanency hearing – A hearing held to determine the most
appropriate permanent plan for a child who is placed out-ofhome. Most often this hearing will be held 12 months from the
date jurisdiction was established or 14 months from the removal
of the child (whichever is earliest). A permanency hearing may
also be held at any time upon motion of a party or if the court
determines that one should be held.
preponderance of the evidence – A burden of proof in which a
fact is more likely true than not true; the amount of proof
necessary to establish jurisdiction or to establish a fact as proven
in a review hearing in a non-Indian Child Welfare Act Case.
prevention and family support services – These are services
to support and strengthen families so children do not have to be
placed out of their home. These may include services such as
family education, respite care, voluntary visiting services, and
family support programs.
primary plan – The plan that the judge has approved DHS
working toward, almost always reunification.
probable cause – A burden of proof in which there is some
reason to believe that an allegation is true; the amount of proof
necessary to allow removal of a child from home prior to a trial on
the petition.
proceed – To move ahead.
permanency planning – This is the process the DHS worker
goes through to ensure that a permanent plan is developed and
implemented.
protective action – What steps a parent takes to keep his or her
children safe from harm.
petition – A legal paper which states facts about a child that, if
true, would justify the court taking jurisdiction of the child.
protective capacity – A parent’s ability to protect his or her
children from harm.
physical custody – The adult living with the child has physical
custody of the child.
Definitions
placement – Where a child who has been removed from his
home – this can be a foster home, a relative or a group facility.
protective custody – When DHS removes a child from his or her
home.
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psychiatrist – A doctor who works in the branch of medicine that
deals with the assessment of mental and emotional disorders.
psychologist – A person trained to work with people to assess
and improve their mental health.
PTC – A pretrial conference
reasonable cause – A reason that would lead an ordinary person
to believe something was true.
reasonable efforts – These are the steps DHS must take to
prevent children from being removed from their homes and to
help children who have been removed to return home. DHS must
also make reasonable efforts to help children find other
permanent homes if they cannot return to their own families.
referral – A way of sending a person to a program or other
service with a request for that person to take part in the available
program or service. A referral often includes a promise for
payment for the service.
relative placement – This is a type of out-of-home placement
where the full-time care of the child is provided by relatives,
godparents, step-parents, or other adults who have a kinship
bond with the child. This could also include a close friend, a
neighbor, or a member of a child’s tribe.
respite care - This is a service that gives a family a short break
or relief by having someone else temporarily take care of a child.
It can be for a few hours or a few days.
reunification – When the court returns legal and physical
custody of a child to his or her parent.
review hearing – At any stage of a case, but most often after
jurisdiction and disposition, the court may hold a hearing at which
the judge reviews a child's situation and considers adjustments to
the case plan. Regular review hearings are usually scheduled
every three to six months in most cases.
risk assessments – See assessment.
service plan – A plan saying what services should happen during
the case.
services - Any activity that DHS helps get parents and children
involved with to meet their needs. Examples include visits,
counseling, drug treatment, food stamps, and classes such as
anger management, parenting, and life skills.
release of information – A paper giving the holder of information
permission to share that information with the people listed in the
release.
Relinquishment of parental rights – Voluntarily signing papers
that give up all rights to parent your child so your child can be
adopted.
residential treatment center – An out-of-home placement for a
child. It may also be called residential group care. This is a stateDefinitions
licensed, 24-hour facility that has treatment services, including
mental health services for children with special needs. Many
children in residential care have emotional or physical conditions
that require intensive, on-site therapy. Residential treatment
centers are usually a temporary placement.
44
shelter hearing – The first hearing after an emergency removal
of a child for the juvenile court to review the reasons DHS has
for having temporary custody of the child. Also called a
preliminary hearing.
substantiated – When claims made by DHS are supported by
enough evidence, then the court holds the claims are founded or
substantiated.
substitute care – Another term for placement out-of-home – can
include foster care, relative care or residential treatment.
transition plan – The plan for moving a child from one living
place to another.
temporary custody – When a child is removed from home and
DHS is given temporary legal custody of the child.
visitation – Time spent with a child who lives in an out-of-home
placement.
termination of parental rights (TPR) - A legally binding court
decision made by a judge that ends all parental rights of the
parent.
voluntary – An action not required by a court order.
wardship – Children found to be within the jurisdiction of the
court are sometimes called "wards of the court."
testify – to speak in court after being sworn in.
therapeutic foster home (also called “treatment foster care”)
– This is a type of out-of-home placement with foster parents who
have special training and skills to care for children and
adolescents with significant emotional, behavioral, or medical
problems.
Definitions
TPR – termination of parental rights
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Wraparound Program – This is a service planning program in
which the child and family are fully involved in deciding what
services are needed. The services offered usually include a lot of
community services and supports from other family members and
friends.
Youth, Rights & Justice is dedicated to improving the lives of vulnerable children and families through legal representation
and advocacy in the courts, legislature, schools and community. It is our vision that all children and families in Oregon
receive the support they need to be safe and to be successful members of the community.
Youth, Rights & Justice
401 NE 19th Avenue, Suite 200
Portland, OR 97232
503.232.2540
www.youthrightsjustice.org
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